Court Says Disabled Employees Must Show Capability

Law360, New York (August 28, 2007, 12:00 AM EDT) -- The California Supreme Court ruled has ruled that the burden of proof in determining whether disabled workers are able to do their job lies on workers, not employers, in discrimination suits.

The court issued a 4-3 ruling last week overturning a state appeals court decision that it was up to the employer to prove that a disabled employee could not perform the job's requirements. The court instead placed the burden on the fired workers.

The case, launched by a former maintenance worker at the California Department...
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